Click Here To Download the PDF No. 19-14434 In the United States Court of Appeals for the Eleventh Circuit RICHARD HUNSTEIN Plaintiff-Appellant v. PREFERRED COLLECTION AND MANAGEMENT. SERVICES, INC. Defendant Appellee On Appeal from the United States District Court...
By Caren D. Enloe Last month, the entire ARM industry was caught by surprise when the Eleventh Circuit held that a debt collector’s transmittal of information to a third-party letter vendor violated Section 1692c(b) of the FDCPA. Hunstein v. Preferred Collection and...
By Caren D. Enloe The FDCPA provides a bona fide error defense for debt collectors who can show by a preponderance of the evidence that their violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably...
By: Caren D. Enloe On April 1, 2021, the United States Supreme Court unanimously held that in order to qualify as an automated telephone dialing system under the Telephone Consumer Protection Act (the “TCPA”), a device must have the capacity either to store a...
Section 1692a(3) defines a consumer as any natural person obligated or allegedly obligated to pay a consumer debt. The final debt collection rule interprets the definition of a consumer to include deceased natural consumers, as well. Looking towards a November 30th...
On December 18, 2020, the CFPB published the remainder of its Final Debt Collection Rule (the “Rule”) highlighting its crown jewel – the provisions centering around debt validation notices. While the bulk of Part 2 addresses the parties’ obligations under...
